advocate were then duly sworn, and Joseph P. Hussey was arraigned on the following charge and specifications:
CHARGE: Violation of oath of allegiance.
Specification. - In this, that Joseph P. Hussey having on the 21st of October, 1861, solemnly taken in the city of Saint Louis an oath of allegiance to the Government of the United States in the words following, to wit:
"Saint Louis, Mo., October 21, 1861.
"UNITED STATES OF AMERICA, STATE OF MISSOURI,
"City and County of Saint Louis, ss.:
"Joseph P. Hussey being duly sworn deposes and says that he resides at Numbers 154 North Third street, Saint Louis, and carries on business as barkeeper; that he always has been now is and will ever continue to be a true and loyal citizen of the United States, well affected toward the Constitution, laws and Government thereof; that he will ever support the same and bear true allegiance thereto; that he recognizes, will maintain and defend the authority and sovereignty of the Government of the United States of America as paramount and superior to any and all allegiance, sovereignty or featly which he may owe to the government of any State, county or country whatsoever; that he will not directly or indirectly in any manner or from whatsoever afford aid, comfort or information to the enemies of the United States or any of them; that he will at all times support, protect and defens the Constitution of the United States against all enemies or opposeers whatsoever to the best of his ability; tat he will at all times without delay communicate to the provost-marshal of the city and county of Saint Louis or to the officer commanding the nearest post of the U. S. Army any and all information which may come to his knowledge respecting the plans, projects, position and strength of the enemy, or of any person or persons rebelling or plotting against the Government of the United States, and will do all in his power to have such persons secured and placed in confinement and their plans defeated; that he will hereafter in all respects conduct himself in a cober, quiet, orderly and decent manner toward all persons whatsoever, and in no way offend against the laws or regulations, military or civi, of the United States, or of this State, or of the city of Saint Louis. And he further says that he makes this affidavot in good faith and without any concealment, evasion or mental reservation whatsoever, but with a full intent to keep and observe the same according to the true and obvious purport thereof, and that if he violates or evates the same in any of its provisions he hereby declares himself worthy the penalty prescribed by the Articles of War and the laws of the United States for rebels and traitors.
"JOSEPH P. HUSSEY.
"Subscribed and sworn to before me this 21st day of October, A. D. 1861.
"WM. R. McCRACKERM,
"Notary Public. "
Did afterward and in violation of the same give aid and comfort to the enemy, and did not do all in his power as a citizen to discourage opposition to the Government of the United States, but on the contrary did at divers places and times and particularly on or about the 17th day of May, 1862, in the city of Saint Louis violently abuse said Government and encourage opposition to the same by violent and inflammatory language in words as follows: "I a, a secessionist, by God, and don't deny it; wait till the martial law is over and the Union men will find out what's the matter; they will be attacked behind their backs at midnight and their throats will be cut. Wait till martial law is over and we will travel for you Union menhind you and cut your throats. I am a secessionist, and although I have taken an oath to support the Constitution of the United States I do not care a damm for it. "
To which the prisoner pleaded as follows:
To the specification, not guilty.
To the charge, not guilty.
WILLIAM R. McCRACKEN, a witness for the prosecution, being duly sworn testifies as follows:
By the JUDGE-ADVOCATE:
Question. What is your place of residence and occupation?
Answer. Reside in Saint Louis; am secretary of provost-marshal city of Saint Louis; am also a notary public.